Al Ngullie
Morung Express News
Dimapur | July 6
The fight between the state Government of Nagaland and senior government employees pushed under the purview of the Nagaland Retirement (from Public Employment) Act, 2009 has finally come to an end. The Supreme Court of India today dismissed the petition of the Nagaland Senior Government Employees’ Welfare Association (NSGEWA) filed against the Guwahati High Court’s refusal to clamp Stay on the retirement bill. The verdict comes exactly a year after the retirement bill was passed in the Nagaland Legislative Assembly.
An advocate representing the Government of Nagaland and a leader of the employees’ association confirmed the Supreme Court’s ruling going against the government employees. The grounds on which the country’s apex court observed fit to dismiss the petition of the NSGEWA were being awaited at the time of filing this News report.
“The appeal (of the NSGEWA) has been dismissed by the Supreme Court,” said Additional Advocate General of Nagaland LS Jamir, when contacted tonight. No further detail was made available. A formal statement to the verdict, from the Supreme Court was being expected though.
General Secretary of the NSGEWA Thunglamo Ovung also confirmed the court’s verdict. He said the apex court has dismissed the petition. Queried on the direction the association would now take, Ovung said the verdict is from the highest court of the country and there are no more options left to take. ‘We have got nothing more to do; we have to accept it,’ he said, from Delhi. Approximately 64% of the state employees will now be affected, he said.
As stated in earlier reports, approximately 4,500 senior state employees of Nagaland government and an even bigger number of employees from the Grade-IV stratum are now left staring starkly at a bleak future of middle-age unemployment. Considering this huge ‘64%’ have economic reference from their dependents – children, families and even relatives – many observers believe that middle-age unemployment is the only fate left for the government employees. This impact is just a component of the yet another ‘appeasement policy’ of the Nagaland government, most citizens feel.
Disturbing questions and possible long-term ramifications from the Retirement bill remain. For instance, among those affected by the new retirement bill is the huge number of Grade-IV employees – believed to be larger than those in the higher administrative stratum. These Grade-IV employees are understood to comprise a considerable about two-quarters of the entire personnel set-up of the Nagaland government. With no social security apparatus in Nagaland state, finding the answers to questions about middle-age unemployment or even its rehabilitation have now surfaced as a new, bigger challenge.
Another worry is that unless social security and middle-age unemployment rehabilitation mechanisms are established by the state government, the trend of cyclic societal unemployment would gradually but definitely emerge in the state – alongside economic unemployment itself.
A consequence relative to the actual-retiring employees would be on how to sustain the welfare of their families, children and dependents in the absence of economic alternatives. This issue is even more disturbing for those who had been serving in the lower stratum of the government – the Grade-IV employees.
Another, the virtually en masse retirement of several thousands of employees means that valuable experience-resources – particularly in the administrative segment – would be lost. Conversely, a new generation without the needful administrative experience means the state governance system would undergo a paradigm shift – a colossal shift that would take decades to establish and reconcile with the system. The logistical and more practical administrative dimensions while making this transition are related problems that would need more than just political decision to solve.
Contrary to the claims of unemployment asserted by certain sections in the state, there is no doubt in the minds of observers that there is in fact no “unemployment” in Nagaland. Not unemployment, only intellectual disinclination – people’s reluctance to take up any job available other than in Government service. This view can be corroborated by the fact that during 2007- 2008 itself, more than Rs. 450 Crore went out of the state from the non-government job sector in Nagaland – entirely by ‘non-local’ workers.
The Nagaland Retirement (from Public Employment) Bill 2009 prescribes 35 years length of service or 60 years of age, whichever is earlier, for retirement from public employment.
On July 27, the Guwahati High Court admitted the association’s petition calling for a Stay on the bill. On October 30, 2009, the Guwahati High Court dismissed the petition of the senior Nagaland government employees. The verdict came after a long string of postponements and adjournments that spanned for several months.
Following the failed plea, the Nagaland Government enforced the bill from October 31, 2009. The employees’ association then petitioned to the Supreme Court. The court admitted the Special Leave Petition filed by the organization on October 30. The first proceedings in the Supreme Court were held on November 3.
